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110 Cards in this Set
- Front
- Back
Sources of Criminal Law (3)
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- CL
- Model Penal Code - Maj State rule |
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Essential Elements of Crime (4)
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- physical act
- mental state - causation - concurrence |
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Inchoate Offenses (3)
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- solicitation
- attempt - conspiracy |
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Defenses (6)
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- insanity
- intoxication - infancy - self defense - duress - entrapment |
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What std must a prosecutor meet to disprove an affirmative defense?
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beyond reasonable doubt
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How long a sentence is needed for a crime to be classified as a felony?
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Greater than 1 year
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Movements not considered "acts" (3)
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- anything not a product of actor's volition (being thrown)
- sleepwalking or unconscious - reflex/convulsion |
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Omissions Rule (GR)
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in some limited situations a failure to act may be the basis for criminal liability
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Three parts of omission rule
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- legal duty
- knowledge of the facts giving rise to the duty - ability to help |
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How to establish legal duty (5)
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- statute
- contract - voluntary assumption of care - creation of peril - status relationship (parent-child, spouse-spouse only) |
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Two elements of Possession
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- control for a period of time long enough to have an
- opportunity to terminate the possession |
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Constructive Possession
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dominion and control
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Common Law Mental States (4)
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- specific intent
- malice - general intent - strict liability |
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11 Specific Intent Crimes
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- assault
- 1st deg premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - intent |
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Definition of Malice
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when an actor acts intentionally or with reckless disregard of an obvious or known risk
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Common Law Malice Crimes (2)
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- murder
- arson |
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Definition of General Intent
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the D need only be generally aware of the factors constituting the crime; he need not intend a specific result
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General Intent Crimes (4)
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- battery
- rape - kidnapping - false imprisonment |
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Definition of Strict Liability
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when a crime requires simply doing the act; no mental state is needed
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Two types of strict liability crimes
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- statutory rape
- public welfare (selling alcohol to a minor, etc) |
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Mistake of Fact - Specific Intent
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any mistake (even an unreasonable one) will be a defense
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Mistake of Fact - General Intent/Malice
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only a reasonable mistake will be a defense
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Mistake of Fact - Strict liability
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a mistake will never be a defense
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Reasonable Mistake - Defense
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will be a defense to any crime except strict liability
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Unreasonable Mistake - Defense
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will be a defense only to specific intent crimes
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Under what case will mistake of law be a defense?
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if the statute specifically makes knowledge an element of the crime
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MPC Mental States (5)
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- purposely
- knowingly - recklessly - negligently - strict liability |
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MPC Mistake of Fact Doctrine
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mistake of fact will be a defense if the mistake negates the required mental state
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Causation for Criminal Liability (2)
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- but for
- proximate |
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Proximate Causation Rule
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D is a proximate cause if the bad result is a natural and probable consequence of the D's conduct
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Key concept for proximate causation (2)
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- fairness
- foreseeability |
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Concurrence (GR)
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D must have mental state at the time of the act
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Battery Definition (GI)
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unlawful application of force to another resulting in either bodily injury or offensive touching
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Assault Definition (SI)
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- attempted battery
- intentional creation other than by mere words of a reasonable fear in the mind of the victim of imminent bodily harm |
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Year and a Day Rule
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CL: death must occur within a year and day of a homicidal act
MPC: death may occur any time |
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Definition of Murder
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causing the death of another with malice aforethought
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"Malice Aforethought" (4)
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- intent to kill
- intent to inflict great bodily harm - abandoned and malignant heart - felony murder |
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Deadly Weapon Rule
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intentional use of a deadly weapon creates an inference of an intent to kill
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Rule of Transferred Intent
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if a D intends to harm one victim, but accidentally harms a different victim, the D's intent will transfer to the actual victim (does not apply to attempts)
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Statutory Variation of First Degree Murder (2)
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- premeditation
- deliberation |
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Definition of Voluntary Manslaughter
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an intentional killing committed in the heat of passion after adequate provocation which would arouse a sudden and intense passion in the mind of a person, and the D did not have time to cool off
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Are "words along" adequate provocation?
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no
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Definition of Involuntary Manslaughter
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a killing committed with criminal negligence or a killing committed during a crime if it is not a felony
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Definition of Felony Murder
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any killing during the commission of or attempt to commit a felony
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Limitations on Felony Murder (7)
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- D must be guilty of felony
- felony must be inherently dangerous - felony must be separate from killing - killing must be during the felony or during immediate flight - killing must be in furtherance of felony - death must be foreseeable - victim must not be co-felon |
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Vicarious Liability in Felony Murder
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In one co-felon causes death, all are guilty - this is true even if killing was done by 3P
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MPC Murder Types (3)
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- intent to kill
- extreme reckless - felony murder |
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MPC Felonies eligible for felony murder rule (6)
B-R-A-K-E-S |
- burglary
- robbery - arson - kidnapping - escape - sexual assault |
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MPC Manslaughter (2)
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- intentional
- unintentional (reckless) |
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MPC Criminally Negligent Murder
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D should have known about a substantial and unjustifiable risk
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Elements of False Imprisonment (3) (GI)
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- unlawful
- confinement of a person - without consent |
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Elements of Kidnapping (2) (GI)
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- false imprisonment
- involving moving the victim or concealing the victim in a secret place |
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Aggravated Kidnapping (3)
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- to collect ransom
- to commit robbery or rape - victim is a child |
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Elements of Forceable Rape (3) (GI)
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- sex
- without victim's consent - accomplished by force, threat of force, or when victim is unconscious |
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Elements of Statutory Rape (2) (Strict Liability)
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- sex
- with someone under the age of consent |
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Definition of Larceny
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the trespassory taking and carrying away of the personal property of another, with the intent to steal
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Erroneous Takings Rule
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taking under a claim of right is never larceny
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Continuing Trespass
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if a D wrongfully takes property, but without intent to steal and later forms the intent to steal, the initial trespassory taking is considered to have continued and will allow larceny to attach
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Definition of Embezzlement (SI)
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conversion of the personal property of another by a person already in lawful possession of that property with the intent to defraud
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Key difference between larceny and embezzlement
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D must already have lawful possession of the property before a taking can be considered embezzlement
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Possession v. Custody
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possession involves more than mere custody, it requires authority to exercise some discretion over the property
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Definition of False Pretenses
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obtaining title to the personal property of another by an intentional false statement with the intent to defraud
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False Pretenses v. Larceny
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in larceny the D gets only possession; in false pretenses, the D gets title
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May the false statement be a future promise?
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no
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Definition of Larceny by Trick
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if the D obtains only possession (not title) as a result of the intentional false statement, the crime is larceny by trick
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Elements of Robbery (3) (SI)
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- larceny
- from another's person or presence - by force or threat of immediate injury |
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Threats - immediate injury
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robbery
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Threats - future injury
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extortion
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Threats - embarassment
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blackmail
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Elements of receipt/possession of stolen property (3) (SI)
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- receiving possession
- of stolen property - with knowledge it was stolen |
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Forgery
Intent to defraud |
making or altering a writing so that it is false
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Uttering
Intent to defraud |
offering as genuine a forged instrument
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Malicious Mischief
Malice |
destroying or damaging someone else's property
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Elements of Burglary (6) (SI)
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- breaking
- entering - dwelling - of another - at night - intent to commit a felony inside |
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Common Law Arson (Malice)
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the malicious burning of a building
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Principal
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person who commits the crime
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Accomplice (SI)
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person who aids or encourages the principal
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Scope of Accomplice Liability (2)
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- all crimes aided and encouraged
- all other foreseeable crimes |
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Unprosecuted Principal Rule
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if the principal is not prosecuted of has an individual defense (e.g., insanity) the accomplice is still guilty
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Does mere presence make someone an accomplice?
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no
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Does mere knowledge make someone an accomplice?
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no
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Effective Withdrawal for an Encourager
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discourage
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Effective Withdrawal for Aider
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neutralize the assistance or prevent the crime
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Elements of Accessory After the Fact (CL) (3)
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Defendant must
- help a principal who has committed a felony - with knowledge that the crime has been committed, and - with the intent to help the principal avoid arrest or conviction |
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Other terms for accessory after the fact (3)
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- obstruction of justice
- harboring a fugitive - hindering prosecution |
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Three inchoate Offenses
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- solicitation
- conspiracy - attempt |
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Solicitation (SI)
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asking someone to commit a crime with the intent the crime be committed
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Conspiracy (SI)
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an agreement between 2 or more people to commit a crime, plus an overt act in furtherance of the crime
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Can you have ONE person Conspiracy? CL? MPC?
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CL - no
MPC - yes |
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Vicarious liability for conspiracy (2)
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liable for crimes committed that
- were in the furtherance of the conspiracy's objective, and - were foreseeable |
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Attempt (MPC) (SI)
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substantial step towards the crime and strongly corroborative of a criminal purpose
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Attempt (CL) (SI)
Dangerous Proximity Test |
conduct that gets dangerously close to the commission of the crime
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Is it possible to attempt malice, general intent, or strict liability crimes?
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yes
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Factual Impossibility
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the claim that it was impossible to complete the crime because of some circumstance beyond the D's control
NOT a defense |
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Legal Impossibility
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the claim that it was impossible to complete the crime because what the D was trying to do was NOT illegal
Legal Impossibility IS a defense to attempt |
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Withdrawal
Renunciation Abandonment (CL) |
not a defense, but the D will no longer be vicariously liable for crimes committed by his co-conspirators
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Withdrawal
Renunciation Abandonment (MPC) |
D voluntary and completely renounces the solicitation, conspiracy, or attempt and the renunciation is based on a "change of heart" and not a fear of failing or being caught
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Rule of Lesser Included Offenses
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a "lesser included offense" is an offense that is necessarily part of the greater offense
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Merger of Solicitation, attempt, conspiracy
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- solicitation and attempt merge with the completion of the crime
- conspiracy does not |
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Capacity Defenses (3)
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- insanity
- incompetency - intoxication |
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Four different insanity tests
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- M'Naughten
- Irresistible impulse - Durham - MPC |
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M'Naughten Test
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- did not know the act was wrong OR
- did not understand the nature of his act |
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Irresistible Impulse Test
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- unable to control actions OR
- unable to conform conduct to law |
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Durham Test
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- D's conduct was the product of his mental illness
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MPC Test
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lacked the substantial capacity to either
- appreciate the criminality of his conduct OR - conform his conduct to the law |
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Insanity v. Incompetency
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Insanity
D was insane at Time of Crime If yes, then not guilty Incompetency whether D is insane at time of trial if yes, postpone trial |
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Can involuntary intoxication be a defense to any crime?
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yes - must be involuntary
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When can voluntary intoxication be a defense?
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- can e a defense to SI crimes, if the intoxication prevents the D from forming the SI
- cannot be a defense to malice, GI, or strict liability crimes |
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Infancy - Rule of 7's
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< 7 (prosecution not allowed)
> 7 < 14 (rebuttable presumption against prosecution) >= 14 (prosecution allowed) |
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MPC Infancy Rules (2)
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- less than 16 (juvenile court)
- 16, 17 (criminal prosecution allowed if approved by juvenile court) |